On The Most Significant Relationship Principle In Tort

The Most Significant Relationship Principle becomes a kind of noticeable theory gradually in 60^th and 70^th of the 20 century in the U.S.A. confliction law revolution. General speaking, it is the inevitable result of the development of conflict law. Nowadays, the principle already exert a comparatively extensive and deep influence in worldwide.Because its essence lies in intenerating the joint point, strengthening the flexibility of application of law justice and fairness to maintain the legal rights and interests of parties to the greatest degree. The Most Significant Relationship Principle is used in the area of international contract, gradually used in the area of Tort.This article redefines The Most Significant Relationship Principle in conflict law and explains fully the practical cause and quality, essence and functions by systematic ways in first; secondly, the article analyzes the application in the Law of Tort; finally, The Most Significant Relationship Principle has been established in the Tort of legislation of China, but the standard for applying the principle is not perfect and concrete, which leads to the objective fact that judges deal with cases without an operable standard. In additional, the status of The Most Significant Relationship Principle should be the basic principle in the law of conflict Tort.